CHUI WAI KWAN v. COQUEEN CO LTD AND OTHERS

CHUI WAI KWAN v. COQUEEN CO LTD AND OTHERS

The court allowed the amendment application (pragmatically, in light of the opposing counsel's decision not to contest the amendment) but cautioned against unfettered post-petition amendments; the court refused CWK's application to defer the Defamation Action because the jury issues differed materially from issues for the judge in the petitions, the Defamation Action was ready for trial and deferral would be disproportionate; the court directed that the petitions and defamation action be heard by the same trial judge, extended the length of the defamation trial to 25 days, and made further listing and evidence directions accordingly.

Citation
CHUI WAI KWAN v. COQUEEN CO LTD AND OTHERS
Parties
Petitioner in Hcmp438/2010; 1st and 2nd Respondent in Hcmp937/2010; Plaintiff in Hca2339/2009: Coqueen Company Limited; 1st Respondent in Hcmp438/2010; Petitioner in Hcmp937/2010; Defendant in Hca2339/2009: CWK (Mr Chui); 2nd Respondent in Hcmp438/2010; 2nd Respondent in Hcmp937/2010; Plaintiff in Parts of the Proceedings: CPK (Mr Chui); Shareholder and Respondent: Madam Tsui Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2011
Case Number
HCMP937/2010
Procedural Posture
Companies Petition Under Section 168 a (unfair Prejudice) and Related Defamation Action (hca2339/2009) / Case Management and Reasons for Decision (directions Given)
Outcome
Amendment application allowed; CWK's application to defer the Defamation Action refused; Defamation Action trial length extended; same judge to hear both matters; directions and listing orders given.
Legal Topics
Buy Out Order, Amendment of Petition to Plead Post Petition Events, Case Management Directions, Consolidation/separate Trials, Jury Trial Rights, Trial Listing and Length
Source Language
EN
Company Law Shareholder Dispute Defamation Civil Procedure Equity (unfair Prejudice) Buy Out Order Amendment of Petition to Plead Post Petition Events Case Management Directions +3 more

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Parties

Coqueen Company Limited

Petitioner in Hcmp438/2010; 1st and 2nd Respondent in Hcmp937/2010; Plaintiff in Hca2339/2009

CWK (Mr Chui)

1st Respondent in Hcmp438/2010; Petitioner in Hcmp937/2010; Defendant in Hca2339/2009

CPK (Mr Chui)

2nd Respondent in Hcmp438/2010; 2nd Respondent in Hcmp937/2010; Plaintiff in Parts of the Proceedings

Madam Tsui Hing

Shareholder and Respondent

Procedural Posture

Companies Petition Under Section 168 a (unfair Prejudice) and Related Defamation Action (hca2339/2009) / Case Management and Reasons for Decision (directions Given)

Legal Issues

  1. 1 Whether re-amendment of the petition to include post-petition events should be allowed
  2. 2 Whether the defamation action should be deferred until after trial of the petitions or otherwise consolidated
  3. 3 Whether the same judge should hear both the petitions and the defamation action

Ratio Decidendi

The court allowed the amendment application (pragmatically, in light of the opposing counsel's decision not to contest the amendment) but cautioned against unfettered post-petition amendments; the court refused CWK's application to defer the Defamation Action because the jury issues differed materially from issues for the judge in the petitions, the Defamation Action was ready for trial and deferral would be disproportionate; the court directed that the petitions and defamation action be heard by the same trial judge, extended the length of the defamation trial to 25 days, and made further listing and evidence directions accordingly.

Court Disposition

Amendment application allowed; CWK's application to defer the Defamation Action refused; Defamation Action trial length extended; same judge to hear both matters; directions and listing orders given.

Orders

  • Amendment application to re-amend Amended Petition in HCMP438/2010 allowed with consequential directions for filing of evidence
  • CWK's application that HCA2339/2009 (Defamation Action) be heard after the petitions refused